Bill 57 — The Disaster Services Act Honourable Dr. Horner (Legislature 17, Session 2)

L17 S2 5191

Alberta — Bills

1973 Bin 57 Second Session, 17th Legislature, 21 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 57 The Disaster Services Act HONOURABLE DR. HORNER First Reading . . . . . . . . . . . . Second Reading ........................ . Third Reading ..... Printed by QUEEN'S PRINTER for the Province of Alberta, EDMONTON

Bill 57 BILL 57 1973 THE DISASTER SERVICES ACT (Assented to ,1979) HER MAJESTY, by and with the advice and consent of the Legisl,ative Assembly of Alberta, enacts as foHows: 1. In this Act, (a) "Cabinet Committee" means the committee of the Exooutive Council wppointed under

section 4; (b) "declaraltion of a state of emergency" means an order of the LiEutenant Governor in Council under

section 15; (c) "declaration of a state of local emergency" means a resolution or order of a local authority under sec tion 18; ( d) "Director" means the Director of the Alberta Dis. aster Services Agency; ( e) "di,saster" means a calamity caused by accident, by

an act of war or insurrection or by the forces of nature and which has resulted or may result in serious harm to ,the safety, health or welfare of people, or in widespread damage to property; (f) "emergency" means a pres1ent or imminent event whi,0h requires prompt co-ordination of action or special regulation of persons or property to protect the health, s,afety or welfare of people .or to limit damage to property; (g) "local authority" means (

i) the council of a city, town, village, county or municipai1 district, or (ii) the hoard of administrators of a new town, or (iii) in the case of an improvement district or spe cial area, the Minister of Municilpwl Affairs; (h) "Minister" means the member of the Executive Council for the time being charged with the admin istration of this Act; (i) "municipal agency" means a municipal disaster ser vices agency; (j) "municipality" m'eans a city, town, new town, vil lage, county, municipal district, improvement dis trict .or special area.

Explanatory Notes GENERAL. This Bill wili replace The Civil Defence and Disaster Act with

an Act providing for the preparation rand implement'a tion of p}ans and rel'ated measures for the health and 'Safety of citizens in preventing, combating and ,alleviating the effects of emergency or disaster. It will have greater emphasis on peace time functions and in particular on preventive measures. 1.

Definitions.

PA:RT 1 ADMINISTRATION 2. There shalil be a department of the public service of Alberta caHed the ~'Alberta Disaster 8ervices Agency". 3. In accordance with The Public Service Act there may be appointed a Dirootor, Deputy Director and such officers and empl'Oyees a,s may be required for the administration of the husines& and affaks of rthe Alberta Disaster Services Agency. 4. The Lieutenant Governor in Council may a.ppoint a committee oonsisting of such members of the Executive Oouncil a,s he ,may designate from time to time to advise on matters re,lating to emergencies and dilsasters. 5.

(1) The Minister may appoint committees as he con s1ders neoessary or des:irwble to wdvise or ,ag,sist the Minister, the Cabinet Committee .or the Director. (2) 'Dhe members of 'committees alPpointed under sub section (1) who are not 'Offi'cers or employees of the Crown, nor officers 'Or emprrIQyees of any agency of the Grown, may he paid remuneration for their services and expenses at a rate or rates fixed by the Minister. 6. The Lieutenant Governor in CouncB may make regulations (a) 3.IS:signi'llig responsibility to departments, boards, oommissions. or Crown agencies for the preparation or imp'lementation of pl,ans or arrangements or parts thereof to deal withe'mergencies; (

b) dele~aJting to any person, board or committee ap pointed under this Act any of the powers vested by this Act in the Minister Dr the Lieutenant Governor in Council ex,cept ,the power ;to' make an order for a deda'ra tion 'Of a state of emergency or to make regulations ; (

c) g.overning the assessment of oomage or loss caused by a disaster and the payment .of compensation for the damage or 'lIQss; (

d) governing ,the sharing of costs incurred by the Gov ernment of A;lberta or by a ~ocal authority in con ducting eme~gency operations; (

e) governing tJhe payment of e~enditures out of the Emergency Contingency Fund; (

f) governing thea;dministration of the Disaster Relief Fund; 2

2. The Alberta Disaster Services Agency will 'be oonSJtituted a Department 01£ the public service. 3. Provision for hiring personnel. 4. Appointment of an advisory 'oommittee fl"OllIl the Executive Counciil. 5. The Minister wiN be laJb!le to appoint committees w advise or assist him or the Cabinet Committee or the Director. 6. Regulations. 2

(

g) concerning any other matter or thing necessary for the adminis,tration of this Aet and fQr which no specifie provision is made in this Act. 7.

(1) The Minister may (

a) review and approve or require the mQdification of provincial and municip·al emergency p,lans and programs; (

b) enter into agreements with the Government of Can ada o.r of any other province or any agency of such government, dealing with emergency plans and programs; (

c) make surveys and studies of resources and facilities to maintain and provide information necessary for the effective 'preparation of emergency plans and programs; (

d) make surveys and studies to identify and record aetualand potentia:l hazards which may cause emergencies· ; (

e) make payments, subject to such terms and condi tiQns as he may preseribe, to' local authorities for the purpose of operating municipal disaster s.ervices agencies; (

f) enter into agreements with and make payments to organizations for the provision of services in the deve'lopment or implementation of emergency plans or programs; (g) 'Conduct puhlic information programs relating to the prevention of and mitigation of damage in disasters; (

h) delegate in writing to the Director any of the pow ers or duties ves,ted in the Minister by this Act.

(2) The Minister may, by order, (

a) divide Alberta into various subdivisions fOT the purpose of organizing integrated emergency plan ning, tra1ining, assistance and emergency operations programs; (

b) require municipalities within a subdivision to pre pare integra,ted plans, procedures and mutual as sistance prQgrams to deal wi,th emergencies and their submislsion to the Director for review; (

e) estabHsh procedures required for the prompt and efficient implementation of plans and programs to meet emergencies; (

d) require any pe~son (

i) who is engaged or may he engaged in any opera tion, 'Or (ii) who is utilizing O'r may be utilizing any process, 'Or 3

1. Powers and duties of the lVIinis;ter enumeTated. 3

(.iii) who is using any property in any manner, or (iv) on whose re,all property there exists or may exist any oondition, which may be or may create a hazard to persons or property to develop plans and p'rO'grams in oonjunction wi,th local authorities to remedy or alleviate the hazard and to meet any emergency which might ar,ise from the hazard. S. The Iooal authority of eadh municipality (,

a) shaH appoint a oommittee of members of the local authority or, in the case of an improvement district or special area, of suc:h persons ,as the M,inister of Munieip-al Affairs may designate, to advise on the development of emergency ,plans and programs and shall fix the e~penses of the commi,ttee members; (

b) shall establish and maintain a municipal disaster serv:i'ces agency; (

c) may, by by-'law in the cas,e of a municip,aHty other than an improvement distdct or special area, bor row, levy, appropriate and expend, without the con sent of the electors, all sums required for the opera tion of the municipal agency ; (

d) shalll appoint a director ,of the municipal agency and prescribe his duties which shall include the prepara tion ,and eo-ordination of emergency plans and pro grams for the municipality; (

e) shal'l prep:are and approve em,ergency 'Plans and programs; (

f) may enter into agreements with and make payments to or,ganizations for the Iprovision of services in the development or implementation of emergency plans or 'P'rogflams. 9.

(1) There i,s hereby estabHshed an Emergency Con tingency Fund into which IshaJll he paid money apPflopriated by ijhe Legis,J'ature for that purpose and Q1ut of which shall be paid in aceordance with the regU'lations expenditures relating to emergencies.

(2) If at any Hme it appears to the Lieutenant Governor in Council that ,there is in the Emergency Contingency Fund a cash surplus that is not immedi,ately required for the pur poses of this Act, the Lieutenant Governor in Council may order that the cash su~plus he paid into and form part of the Genera'! Revenue Fund. 10.

(1) There is ihereby established a Disaster Relief Fund into which. may be received puhHc donations for dis aster relief in areas inside or outside Alberta. 4

8. Municipal emergency orgarLzation. 9. A cOIlltinuiIllg Fund will be established to meet emergencies. 10. There will be a government-controlled cenJtI'lal agetIlicy to receive public donations into a fund from which donations will!l be made to 'allevia1te the resuLt of disasters. 4

(2) The Disaster ReUef Fund shall be administered in accordance with the regulations by a committee called the "Disaster Relief Committee" consi8,ting of such persons as may he appointed by the Lieutenant Governor in Council.

(3) Members of the Disaster Relief Committee who are not employees or offkers of the Crown, nQir officers or em ployees of an agency of the Crown, may receive remunera tion for their services and expense ,allowances at such rate as may be fixed by the Lieutenant Governor in Council. 11.

Where any expenditure with respect to a disaster is made by the Government of Alberta within or for the benefit of a munieipaEty, the local authority shall, if S'O re quired by the Lieutenant Governor in Council, pay to the Provincial Treasurer the amount the'reof or sUClh portion thereof as may be specified in the order, at such times and on such terms as to the payment of interest and otherwise as the orderm,ay require. 12.

Neither the Minister nor any official or other person acting under his direction or authorization is Uable for damage caused t.hrough any action under thiis Act or the regulations, nor is he subject to any proceedings by way of prohibition, certiorari, mandamus or injunction. 13. If a state of emergency is de~lared to exist by the Government of Canada or by the Lieutenant Governor in Council or if a state of locale,mergency is declared to exist hy a local authority, (

a) no member of a local authority,and (

b) no person appointed by a local authority to carry out measures relating to emergencies or disasters, j s liable in respect of damage caused through any action taken under this Act or the regulations, nor are they subject to any proceeding1s by prohibition, certiorari, mandamus or injunction. 14. A pers'On contravening a prOVISIOn of this Act or the regulations is guilty of an offence and liable on sum mary conviction to imprisonment for a term of not more than six months or to a f,jne of not more than $500 or to both imprisonment and fine. 5

II. The proV'indal government will continue t'O be 'alble to reoorver a portion 'Of expenditures from a mun:1eipaHty involved. 12. Officials wiLl be pr'Otected from actions adsing ourt; of pro ceedings under thls Act. 13. Protection whlJ. be given 11:'0 those acting under 'tIhi's Act following a decla'I"ation 'Of 'a state of emergency 'Or local emergency. 14. Offences. 5

PART 2 STATE OF EMERGENCY 15.

(1) The Lieutenant Governor in Council may at any time when he is satisfied that an emergency exists or may exist, make an order for a declaration of a state of emer gency relating to all or any part of Albe'rta.

(2) A deda,ration of a state of emergency under sub section (1) shaH ,identify the nature orf the emergency and the area of A,lberta in which it exists. ( 3 ) Immedia tely after tJhe making of an order for a dec laration of a state of emer'gency, the Ministeir shall cause the detai'ls .of the deda~ration to be published by such means of communication as heoonsiders is most likely to m'ake known to 1Jhe majority of the popul'ation of the area affected the contents of the declarati'On.

(4) An order under subsection (1) expires at the end of 14 days unless oontinued by a resolution of the Assembly. 16.

(1) Upon the making of the declaration and for the duration of the state 'Of emergency the Minister may do all acts and takeaH necessary p:roceed~ngs inoluding the fo}ilowing: (

a) cause any emergency plan or program to be put into operation; (

b) authorize or require a local authority to cause any emergency plan or program for 1ilie municilp'ality to he put into effect; (

c) acquire or utilize any real or personal property by eXPVQP~iation, confiscation or any means he eon siders necesisary; (

d) authorize or require any qualified person to render aid of such type as he may be qualified to provide; (

e) contrOil or prdhibit travell to or from any area of Alberta; (

f) provide for the restoration of essenUal faci'lities and the distribution of essential supplies and provide, maintain andco-ordinate emergency medical, wel fare and other essential services in any part 'Of A1berta; (

g) cause .the evacuation of persons and the removal of livestock and persona1 property from any area of .A!lberta which is or may be affected by:a disaster and make arrangements for the adequate care and protection of those persons or livestock and of the personal .property; (

h) authorize the entry into any buiLding or upon any land, without warrant, by any person in the course of implementing any emergency plan or program; 6

15. Declaration of a state of emergency. 16. This

section will give the Minister broad, sweeping powers to take WihlaJtever 'steps oce necessary, upon a s1iate of emergency being declared, to meet the emel'lgency and to mitigate1:!he effects of any disa'Ster. 6

0) cause the demolition or removal o.f any trees, struc tures or crops if ,the demolitio.n o.r removal is neces sary o.r appro.priate in order to. reach the scene of a disaster, or to attempt to forestall its occurrence or to comba,t its progress; (

j) procure or fix prices for food, dothing, fuel, equip ment, medical supplies, or other essential suppllies and the use of any property, services, resources or equipment within any part of Alberta for the dura tion of the state of emergency; (

k) authorize the conscription, with or without re muneration, of persons needed to meet an emer geney.

(2) The Lieutenant Governor in Council may make regula tions in respect of any matter mentioned in sub section (1).

(3) Upon the making of an order under

section 15, sub section (1), the Direetor or such other person as the Min ister may appoint is responsible for the cD-ordination and implementation of any 'Or all necessary plans or programs prepared pursuant to this Act and all persons and agencies involved in such implementation are subject to the control and direction 'Of the Director or other person appointed. 17.

(1) When, in the opinion of the Lieutenant Gov ernor in Council, an emergency no longer exists in any area of Alberta in relation to which a declaration of a state of emergency was made, he shall make an order ter minating the declaration of a state 'Of emergency in respect of that area.

(2) Immediately after an order is made under subsection (1), the Minister shall cause the details of the termination to. be published by such means of communication as he considers is most likely to make known to the majority of the population of the area affected the contents of the termination. 18.

(1) The local authority of a munieipality may, at any time when it is satisfied that an emergency exists or may exist, by reso.lution or, in the cas'e of the Minister of Municipal Affairs, by order make a declaration of a state of local emergency relating to all or any part of the munici pality.

(2) A declaration of a state of local emergency under subsection (1) shall identify the nature of the emergency and the area of the municipality in which it exists.

(3) Imm'ediately after the making of a resolution for a declaration of a state of local emergency, the local authority shall cause the details of the declaration to be published 7

17. Terntim!ation of a state of emergency. 18. This w~ll provide for a declaration of a state of local emergency when emergency conditions existt within a municipality. 7

by such means of communication as it considers is most likely to make known to the population of the area of the municipality affected the contents of the declaration.

(4) A local authority may delegate any of its powers and duties under <this Act to a committee composed of m'em bers of the local authodty. 19.

(1) The local authority shall forthwith upon making a declaration of a state of local emergency, forward a copy of the declaration to the Mini,ster.

(2) The Minister may cancel ,the declaration of a state of local emergency at any time he considers appropriate in the circumstances.

(3) A declaration of a state of local emergency ceases to be of any force or effect upon the making of an order for a state iQf emergency by the Lieutenant Governor in Council relating to the same area of the municipality.

(4) A declaration of a state of local em'ergency lapses seven days after its making by the local authority unless it is earl:ier cancelled by the Minister or terminated by the local authority or unless it is renewed by <the local authority.

(5) The provisions of

section 18, subsection (3) and of subsections (1) to (4) of this

section apply to any re newal of a state of local emergency. 20.

(1) When, in the opinion of the local authority, an emergency no longer exists in any area of the municipality in relation to which a declaration of a state of local emerg ency was m,ade, it shall by resolution or, lin the case of the Minister of Municipal Affairs by order, terminate the declaration of a state of local emergency in respect of that area.

(2) Immediately after (

a) the passage of a resolution or order terminating a declaration under subsection (1), or (

b) the cancellation hy the Minister of a declaration of a state of local emergency, or (

c) the termination iby lapse of time of a declaration of a state of local emergency, the local authority shall cause the details of the declaration or cancellation or ,the fact of the termination by lapse of time to be puhlished by such means of communication as it considers is most l:ikely to make known to the majority of the population of the area affected the contents of the declaration or cancellation or the fact of the termination. 8

19. The Minister wiLl be able to cancel a declaration of a state of local emergeIlJcy if heoonsdders its use indiiscriminate, improper or unnecessary. 20. Terlll'inaition of !a 'state of locall emergency. 8

(1) Upon the making of a declaration of a state of local emergency and for the duration of the state of local emergency, the local authority may do all acts and take all necessary praceedings including the following: (

a) cause any 'emergency plan or program to be put into operation; (

b) exercise any power given to the Minister under sec tion 16, subsection (1) in relation to the part of the municipality affected by the declaration.

(2) A local authority may autharize any person at any time to exercise, in the operation of an emergency plan or program, any pawer given to the IVrinister under

section 16, subsection (1) in relation to any part of the municipality affected by a declaration of a state of local emergency.

(3) The local authority of a municipality other than an improvement district or special area may, during or within 60 days after the state of local emergency, by by-law approved by the Minister of Municipal Affairs and, where necessary, by the Local Authorities Board, but without 'Ob taining the assent of proprietary electors, borrow such sums as are neces,sary to pay expenses caused by the em ergency including payment for services provided by the Government of Alberta or by the Government of Canada where the services were provided at the request of the local 2.uthority.

(4) In the case of an improvement district or special are,a, the Minister of Municip'al Affairs may, during or within 60 days after the state of local emergency, borraw such sums as are necessary to pay expenses caused by the emergency including payment for services provided by the Government of Alberta or by the Government of Canada where the services were provided at the request of the Minister of Municipal Affairs. 22.

(1) The Municipal Election Act is a/mended as to

section 11, subse.ction (2), clause (

g) by adding after the words "The Oivil Defence and Disaster Act" the words "or The Disaster Services Act".

(2) The Municipal Government Act is amended (

a) as to

section 29, subse.ction (2), clause (

g) by add ing after the words "The Civil Defence and Disaster Act" the words "'Or The Disaster Services Act,", and (

b) by striking out

section 153. 23. The Civil Defence and Disaster Act is hereby repealed. 24. This Act comes into force on the day upon which it is assented to. 9

21. The local authority willI ibe given broad ge1Ileml powers to deal with 1000,1 emergencies. 22. Consequenrtia1.

Section 1:5G df The Municipal GovernmeIllt Act reads: 153.

(1) The council may delegate to the mayor or to a committee composed of members of .the council the power (

a) to declare a state of peacetime emergency or disaster, and (

b) to take immediate action to' deal with a peacetlime emergency or disaster in the municipaUty.

(2) When a peacetime emergency or disaster occurs, the mayor or committee autlwrized to deal therewith, may without further authoriza tion, take such stepts as are considered necessary to pro,tect Life and prope'rty of the municipality and its residents, and for that purpose may expend money of 'the municipality for any purpose considered necessary in the circumstances.

(3) Jjn dealing with a peacetime emergency or di1saster under this section, the mayor or co·mmittee, as the case may be, may co-operate with the council of another munJicipaUty, the board of a school division or district, or with any Minister, department or agency of the Govern ment of ALberta or of Canada.

(4) When a state of peacetime emergency or disaster is declared under this

section and measures are taken ,to d·eal therewith, no mayor, councillor or person apPointed to carry out the measures is personally liable in respect of damage caused through any action taken by him. 23. This Bill wi:n ,repeal

chapter 148 of the Revised Statutes of Ailibert.a 1970. 9 Title: 1973 (17th, 2nd) Bill 57, The Disaster Services Act

Document details

Collection	Alberta — Bills
Citation	L17 S2 5191
Type	bill
Volume / chapter	L17 S2 5191
Language	en
Format	json
Source	PROVINCIAL
Identifier	ec82505ca3451204f523373583980d59708409a6

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